r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“in reserve” applies in that section
The terms “in reserve” and “in service” have the meanings applicable to those terms under section 8663 and sections 8674 through 8678 of title 10 and regulations prescribed under those sections. (d) Relationship to other law Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 8681 of title 10 .
“in service” applies in that section
The terms “in reserve” and “in service” have the meanings applicable to those terms under section 8663 and sections 8674 through 8678 of title 10 and regulations prescribed under those sections. (d) Relationship to other law Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 8681 of title 10 .
“public vessel” applies in that section
The term “public vessel” means a vessel owned or bareboat chartered and operated by the United States, or by a foreign nation, except when the vessel is engaged in commerce.;
“federally owned treatment works” applies in that section
the term “federally owned treatment works” means a facility that is owned and operated by a department, agency, or instrumentality of the Federal Government treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under section 1342 of title 33 .
“Board” applies in that section
The term “Board” means the Hazardous Waste Electronic Manifest System Advisory Board established under subsection (f). (2) Fund
“Fund” applies in that section
The term “Fund” means the Hazardous Waste Electronic Manifest System Fund established by subsection (d). (3) Person
“person” applies in that section
The term “person” includes an individual, corporation (including a Government corporation), company, association, firm, partnership, society, joint stock company, trust, municipality, commission, Federal agency, State, political subdivision of a State, or interstate body. (4) System
“system” applies in that section
The term “system” means the hazardous waste electronic manifest system established under subsection (b). (5) User
“user” applies in that section
The term “user” means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that— (A) is required to use a manifest to comply with any Federal or State requirement to track the shipment, transportation, and receipt of hazardous waste or other material that is shipped from the site of generation to an off-site facility for treatment, storage, disposal, or recycling; and (B) (i) elects to use the system to complete and transmit an electronic manifest format; or (ii) submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper …
“nonparticipating State” applies in that section
the term “nonparticipating State” means a State— (i) for which the Administrator has not approved a State permit program or other system of prior approval and conditions under paragraph (1)(B); (ii) the Governor of which has not submitted to the Administrator for approval evidence to operate a State permit program or other system of prior approval and conditions under paragraph (1)(A); (iii) the Governor of which provides notice to the Administrator that, not fewer than 90 days after the date on which the Governor provides the notice to the Administrator, the State will relinquish an approval under paragraph (1)(B) to operate a permit program or other system of prior approval and …
“recovered materials” applies in that section
the term “recovered materials” includes— (1) postconsumer materials such as— (A) paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; and (B) all paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste, and (2) manufacturing, forest residues, and other wastes such as— (A) dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting …
“agency head” applies in that section
The term “agency head” means— (A) the Secretary of Transportation; and (B) the head of any other Federal agency that, on a regular basis, procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete projects. (2) Cement or concrete project
“cement or concrete project” applies in that section
The term “cement or concrete project” means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility that— (A) involves the procurement of cement or concrete; and (B) is carried out, in whole or in part, using Federal funds. (3) Recovered mineral component
“recovered mineral component” applies in that section
The term “recovered mineral component” means— (A) ground granulated blast furnace slag, excluding lead slag; (B) coal combustion fly ash; and (C) any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head.
“agency head” applies in that section
The term “agency head” means— (A) the Secretary of Transportation; and (B) the head of each other Federal agency that on a regular basis procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete projects. (2) Cement or concrete project
“cement or concrete project” applies in that section
The term “cement or concrete project” means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility that— (A) involves the procurement of cement or concrete; and (B) is carried out in whole or in part using Federal funds. (3) Recovered mineral component
“recovered mineral component” applies in that section
The term “recovered mineral component” means— (A) ground granulated blast furnace slag other than lead slag; (B) coal combustion fly ash; (C) blast furnace slag aggregate other than lead slag aggregate; (D) silica fume; and (E) any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Battery
“battery” applies in that section
The term “battery” means a device that— (A) consists of 1 or more electrochemical cells that are electrically connected; and (B) is designed to store and deliver electric energy. (3) Recycling
“recycling” applies in that section
The term “recycling” means the series of activities— (A) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (B) that may include collection, processing, and brokering; and (C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products.
“Administrator” applies in that section
the term “Administrator” means the Administrator of the Environmental Protection Agency. (b) Consumer recycling education and outreach grant program (1) In general The Administrator shall establish a program (referred to in this subsection as the “grant program”) to award competitive grants to eligible entities to improve the effectiveness of residential and community recycling programs through public education and outreach.
“eligible organization” applies in that section
the term “eligible organization” means a State or interstate agency, a municipality, educational institution, and any other organization which is capable of effectively carrying out a project which may be funded by grant under subsection (b) of this section.
“Indian tribe” applies throughout its subchapter
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community that is recognized as being eligible for special programs and services provided by the United States to Indians because of their status as Indians. (B) Inclusions .—
“nonoperational storage tank” applies throughout its subchapter
The term “nonoperational storage tank” means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after November 8, 1984 .;
“operator” applies throughout its subchapter
The term “operator” means any person in control of, or having responsibility for, the daily operation of the underground storage tank.;
“owner” applies throughout its subchapter
The term “owner” means— (A) in the case of an underground storage tank in use on November 8, 1984 , or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances and (B) in the case of any underground storage tank in use before November 8, 1984 , but no longer in use on November 8, 1984 , any person who owned such tank immediately before the discontinuation of its use.;
“person” applies throughout its subchapter
The term “person” has the same meaning as provided in section 6903(15) of this title , except that such term includes a consortium, a joint venture, and a commercial entity, and the United States Government.;
“petroleum” applies throughout its subchapter
The term “petroleum” means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).;
“regulated substance” applies throughout its subchapter
The term “regulated substance” means— (A) any substance defined in section 9601(14) of this title (but not including any substance regulated as a hazardous waste under subchapter III), and (B) petroleum.;
“release” applies throughout its subchapter
The term “release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water or subsurface soils. (9) Trust fund .—
“Trust Fund” applies throughout its subchapter
The term “Trust Fund” means the Leaking Underground Storage Tank Trust Fund established by section 9508 of title 26 .;
“underground storage tank” applies throughout its subchapter
The term “underground storage tank” means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10 per centum or more beneath the surface of the ground.
“exposure assessment” applies in that section
the term “exposure assessment” means an assessment to determine the extent of exposure of, or potential for exposure of, individuals to petroleum from a release from an underground storage tank based on such factors as the nature and extent of contamination and the existence of or potential for pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size of the community within the likely pathways of exposure, and the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such …
“facility” applies in that section
the term “facility” means, with respect to any owner or operator, all underground storage tanks used for the storage of petroleum which are owned or operated by such owner or operator and located on a single parcel of property (or on any contiguous or adjacent property). (E) Inability or limited ability to pay (i) In general In determining the level of recovery effort, or amount that should be recovered, the Administrator (or the State pursuant to paragraph (7)) shall consider the owner or operator’s ability to pay. An inability or limited ability to pay corrective action costs must be demonstrated to the Administrator (or the State pursuant to paragraph (7)) by the owner or operator.
“guarantor” applies in that section
the term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this subsection. (5) (A) The Administrator, in promulgating financial responsibility regulations under this section, may establish an amount of coverage for particular classes or categories of underground storage tanks containing petroleum which shall satisfy such regulations and which shall not be less than $1,000,000 for each occurrence with an appropriate aggregate requirement.
“installation of a new motor fuel dispenser system” applies in that section
The term “installation of a new motor fuel dispenser system” means the installation of a new motor fuel dispenser and the equipment necessary to connect the dispenser to the underground storage tank system, but does not mean the installation of a motor fuel dispenser installed separately from the equipment need to connect the dispenser to the underground storage tank system.
“secondarily contained” applies in that section
The term “secondarily contained” means a release detection and prevention system that meets the requirements of 40 CFR 280.43(g), but shall not include under-dispenser spill containment or control systems.;
“underground storage tank” applies in that section
The term “underground storage tank” has the meaning given to it in section 6991 of this title , except that such term does not include tank combinations or more than a single underground pipe connected to a tank.;
“guarantor” applies in that section
the term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this subsection. (6) Withdrawal of approval .— After an opportunity for good faith, collaborative efforts to correct financial deficiencies with a State fund, the Administrator may withdraw approval of any State fund or State assurance program to be used as a financial responsibility mechanism without withdrawing approval of a State underground storage tank program under subsection (a).
“renewable energy resources” applies in that section
the term “renewable energy resources” includes energy derived from solar thermal, geothermal, biomass, wind, and photovoltaic resources. (k) Survey procedure Pursuant to section 52(a) of the Federal Energy Administration Act of 1974 ( 15 U.S.C.
“Museum” applies in that section
The term “Museum” means the museum operated by the Secretary of Energy and located at 300 South Tulane Avenue in Oak Ridge, Tennessee. (2) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy or a designated representative of the Secretary.
“geographic area within a State” applies in that section
the term “geographic area within a State” means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government. (3) Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this section or other provision of law.
“unit of local government” applies in that section
the term “unit of local government” means a county, municipality, town, township, village, or other unit of general government below the State level; and;
“agency” applies in that section
the term “agency” means the United States Department of Energy. (2) For the purposes of this section,
“eligible employee” applies in that section
the term “eligible employee” means any employee of the agency who— (A) is scheduled to be separated from service due to a reduction in force under— (i) regulations prescribed under section 3502 of title 5 ; or (ii) procedures established under section 3595 of title 5 ; or (B) is separated from service due to such a reduction in force, but does not include— (i) an employee separated from service for cause on charges of misconduct or delinquency; or (ii) an employee who, at the time of separation, meets the age and service requirements for an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5.
“nontraditional Government contractor” applies in that section
the term “nontraditional Government contractor” has the meaning given the term “nontraditional defense contractor” in section 845(f) 1 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 ; 10 U.S.C. 2371 note). (B) Not later than 1 year after the date on which the final guidelines are published under paragraph (6), the Comptroller General of the United States shall submit to Congress a report describing— (i) the use by the Department of authorities under this section, including the ability to attract nontraditional Government contractors; and (ii) whether additional safeguards are necessary to carry out the authorities.
“small business” applies in that section
the term “small business” means a business concern that meets the applicable size standards prescribed pursuant to section 632(a) of title 15 .
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Western Area Power Administration.;
“applicable integrated resource plan” applies in that section
the term “applicable integrated resource plan” means the integrated resource plan approved by the Administrator under sections 7275 to 7276c of this title for that customer.
“customer” applies in that section
The terms “customer” or “customers” means any entity or entities purchasing firm capacity with or without energy, from the Western Area Power Administration under a long-term firm power service contract. Such terms include parent-type entities and their distribution or user members. (6) For any customer,
“customers” applies in that section
The terms “customer” or “customers” means any entity or entities purchasing firm capacity with or without energy, from the Western Area Power Administration under a long-term firm power service contract. Such terms include parent-type entities and their distribution or user members. (6) For any customer,
“integrated resource planning” applies in that section
The term “integrated resource planning” means a planning process for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and efficiency, cogeneration and district heating and cooling applications, and renewable energy resources, in order to provide adequate and reliable service to its electric customers at the lowest system cost.
“least cost option” applies in that section
The term “least cost option” means an option for providing reliable electric services to electric customers which will, to the extent practicable, minimize life-cycle system costs, including adverse environmental effects, of providing such service. To the extent practicable, energy efficiency and renewable resources may be given priority in any least-cost option.;
“long-term firm power service contract” applies in that section
The term “long-term firm power service contract” means any contract for the sale by Western Area Power Administration of firm capacity, with or without energy, which is to be delivered over a period of more than one year.;
“renewable energy resource” applies throughout its subchapter
the term “renewable energy resource” means any energy resource which has recently originated in the sun, including direct and indirect solar radiation and intermediate solar energy forms such as wind, ocean thermal gradients, ocean currents and waves, hydropower, photovoltaic energy, products of photosynthetic processes, organic wastes, and others.
“Secretary” applies throughout its subchapter
the term “Secretary” means the Secretary of Energy; and;
“Hispanic-serving institution” applies in that section
The term “Hispanic-serving institution” has the meaning given the term in section 1101a(a) of title 20 . (2) Historically Black college or university
“historically Black college or university” applies in that section
The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20 . (3) National Laboratory
“National Laboratory” applies in that section
The term “National Laboratory” has the meaning given the term in section 15801 of this title . (4) Science facility
“science facility” applies in that section
The term “science facility” has the meaning given the term “single-purpose research facility” in section 16182 of this title . (5) Tribal college
“tribal college” applies in that section
The term “tribal college” has the meaning given the term “tribally controlled college or university” in section 1801(a) of title 25 . (b) Education partnership The Secretary shall require the director of each National Laboratory, and may require the head of any science facility, to increase the participation of historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges in any activity that increases the capacity of the historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges to train personnel in science or engineering.
“community college” applies in that section
The term “community college” means— (A) a public institution of higher education, including additional locations, at which the highest awarded degree, or the predominantly awarded degree, is an associate degree; or (B) any Tribal college or university. (2) Dislocated worker
“dislocated worker” applies in that section
The term “dislocated worker” has the meaning given the term in section 3102 of title 29 . (3) Hispanic-serving institution
“Hispanic-serving institution” applies in that section
The term “Hispanic-serving institution” has the meaning given the term in section 1101a(a) of title 20 . (4) Historically Black College or University
“Historically Black College or University” applies in that section
The term “Historically Black College or University” has the meaning given the term “part B institution” in section 1061 of title 20 . (5) Institution in an eligible jurisdiction
“institution in an eligible jurisdiction” applies in that section
The term “institution in an eligible jurisdiction” means an institution of higher education (as defined in section 1001 of title 20 ) that is located in an eligible jurisdiction (as defined in section 13503(b)(3)(A) of this title ). (6) Minority-serving institution
“minority-serving institution” applies in that section
The term “minority-serving institution” includes the entities described in any of paragraphs (1) through (7) of section 1067q(a) of title 20 . (7) STEM
“STEM” applies in that section
The term “STEM” means the subjects listed in section 2 of the STEM Education Act of 2015 ( 42 U.S.C. 6621 note; Public Law 114–59 ). (8) Tribal College or University
“Tribal College or University” applies in that section
The term “Tribal College or University” has the meaning given the term in section 1059c(b) of title 20 .
“Department” applies throughout its subchapter
The term “Department” means the Department of Energy.;
“Department research and development facilities” applies throughout its subchapter
The term “Department research and development facilities” means all Department of Energy single-purpose and multipurpose National Laboratories and research and development facilities and programs, and any other facility or program operated by a contractor funded by the Department of Energy.;
“local educational agency” applies throughout its subchapter
The term “local educational agency” has the meaning given that term by section 2891(12) 1 of title 20. (5) National laboratory .—
“National Laboratory” applies throughout its subchapter
The term “National Laboratory” has the meaning given the term in section 15801 of this title .
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Energy.;
“Director” applies throughout its part
The term “Director” means the Director of Science, Engineering, and Mathematics Education. (2) National Laboratory
“National Laboratory” applies throughout its part
The term “National Laboratory” has the meaning given the term in section 15801 of this title .
“high-need public secondary school” applies in that section
the term “high-need public secondary school” means a secondary school— (1) in which 40 percent or more of the students attending the school are children from low-income families; or (2) designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education. (b) Establishment The Secretary shall establish at each of the National Laboratories a program to support a Center of Excellence in Science, Technology, Engineering, and Mathematics (referred to in this section as a “Center of Excellence”) in at least 1 high-need public secondary school located in the region served by the National Laboratory to provide assistance in accordance with subsection (f).
“eligible partner” applies in that section
The term “eligible partner” means— (A) the science, engineering, or mathematics department at an institution of higher education, acting in coordination with a school, department, or program of education at an institution of higher education that provides training for teachers and principals; or (B) a nonprofit entity with expertise in providing professional development for science, technology, engineering, or mathematics teachers. (2) Summer institute
“summer institute” applies in that section
The term “summer institute” means an institute, operated during the summer, that— (A) is hosted by a National Laboratory or an eligible partner; (B) is operated for a period of not less than 2 weeks; (C) includes, as a component, a program that provides direct interaction between students and faculty, including personnel of 1 or more National Laboratories who have scientific expertise; (D) provides for follow-up training, during the academic year, that is conducted in the classroom; and (E) provides hands-on science, technology, engineering, or mathematics laboratory experience for not less than 2 days.
“elementary school” applies throughout its subchapter
the term “elementary school” has the meaning provided by section 7801 of title 20 ;
“local educational agency” applies throughout its subchapter
the term “local educational agency” has the meaning provided by section 7801 of title 20 ;
“secondary school” applies throughout its subchapter
the term “secondary school” has the meaning provided by section 7801 of title 20 ;
“Secretary” applies throughout its subchapter
the term “Secretary” means the Secretary of Energy.
“national laboratory” applies throughout its subchapter
The term “national laboratory” means any of the following: (A) The Lawrence Livermore National Laboratory, Livermore, California. (B) The Los Alamos National Laboratory, Los Alamos, New Mexico. (C) The Sandia National Laboratories, Albuquerque, New Mexico and Livermore, California.;
“nuclear weapons production facility” applies throughout its subchapter
The term “nuclear weapons production facility” means any of the following: (A) The Kansas City Plant, Kansas City, Missouri. (B) The Pantex Plant, Amarillo, Texas. (C) The Y–12 Plant, Oak Ridge, Tennessee. (D) The tritium operations at the Savannah River Site, Aiken, South Carolina. (E) The Nevada Test Site, Nevada.
“Restricted Data” applies throughout its subchapter
the term “Restricted Data” has the meaning given that term in section 2014(y) of this title .
“atomic weapon” applies throughout its subchapter
The term “atomic weapon” has the meaning given that term in section 2014(d) of this title .;
“atomic weapons employee” applies throughout its subchapter
The term “atomic weapons employee” means any of the following: (A) An individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling.
“atomic weapons employer” applies throughout its subchapter
The term “atomic weapons employer” means an entity, other than the United States, that— (A) processed or produced, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling; and (B) is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program.;
“atomic weapons employer facility” applies throughout its subchapter
The term “atomic weapons employer facility” means a facility, owned by an atomic weapons employer, that is or was used to process or produce, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining or milling.;
“beryllium vendor” applies throughout its subchapter
The term “beryllium vendor” means any of the following: (A) Atomics International. (B) Brush Wellman, Incorporated, and its predecessor, Brush Beryllium Company. (C) General Atomics. (D) General Electric Company. (E) NGK Metals Corporation and its predecessors, Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of America. (F) Nuclear Materials and Equipment Corporation. (G) StarMet Corporation and its predecessor, Nuclear Metals, Incorporated. (H) Wyman Gordan, Incorporated. (I) Any other vendor, processor, or producer of beryllium or related products designated as a beryllium vendor for purposes of the compensation program under section 7384m of this title .;
“covered beryllium employee” applies throughout its subchapter
The term “covered beryllium employee” means the following, if and only if the employee is determined to have been exposed to beryllium in the performance of duty in accordance with section 7384n(a) of this title : (A) A current or former employee (as that term is defined in section 8101(1) of title 5 ) who may have been exposed to beryllium at a Department of Energy facility or at a facility owned, operated, or occupied by a beryllium vendor.
“covered beryllium illness” applies throughout its subchapter
The term “covered beryllium illness” means any of the following: (A) Beryllium sensitivity as established by— (i) an abnormal beryllium lymphocyte proliferation test performed on either blood or lung lavage cells; or (ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years. (B) Established chronic beryllium disease. (C) Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness referred to in subparagraph (A) or (B).;
“covered employee” applies throughout its subchapter
The term “covered employee” means any of the following: (A) A covered beryllium employee. (B) A covered employee with cancer. (C) To the extent provided in section 7384r of this title , a covered employee with chronic silicosis (as defined in that section).;
“covered employee with cancer” applies throughout its subchapter
The term “covered employee with cancer” means any of the following: (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee).
“Department of Energy” applies throughout its subchapter
The term “Department of Energy” includes the predecessor agencies of the Department of Energy, including the Manhattan Engineering District.;
“Department of Energy contractor employee” applies throughout its subchapter
The term “Department of Energy contractor employee” means any of the following: (A) An individual who is or was in residence at a Department of Energy facility as a researcher for one or more periods aggregating at least 24 months. (B) An individual who is or was employed at a Department of Energy facility by— (i) an entity that contracted with the Department of Energy to provide management and operating, management and integration, or environmental remediation at the facility; or (ii) a contractor or subcontractor that provided services, including construction and maintenance, at the facility.;
“Department of Energy facility” applies throughout its subchapter
The term “Department of Energy facility” means any building, structure, or premise, including the grounds upon which such building, structure, or premise is located— (A) in which operations are, or have been, conducted by, or on behalf of, the Department of Energy (except for buildings, structures, premises, grounds, or operations covered by Executive Order No.
“established chronic beryllium disease” applies throughout its subchapter
The term “established chronic beryllium disease” means chronic beryllium disease as established by the following: (A) For diagnoses on or after January 1, 1993 , beryllium sensitivity (as established in accordance with paragraph (8)(A)), together with lung pathology consistent with chronic beryllium disease, including— (i) a lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease; (ii) a computerized axial tomography scan showing changes consistent with chronic beryllium disease; or (iii) pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease.
“member of the Special Exposure Cohort” applies throughout its subchapter
The term “member of the Special Exposure Cohort” means a Department of Energy employee, Department of Energy contractor employee, or atomic weapons employee who meets any of the following requirements: (A) The employee was so employed for a number of work days aggregating at least 250 work days before February 1, 1992 , at a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee, and, during such employment— (i) was monitored through the use of dosimetry badges for exposure at the plant of the external parts of employee’s body to radiation; or (ii) worked in a job that had exposures comparable to a job that is or was monitored through the use of …
“occupational illness” applies throughout its subchapter
The term “occupational illness” means a covered beryllium illness, cancer referred to in paragraph (9)(B), specified cancer, or chronic silicosis, as the case may be.;
“radiation” applies throughout its subchapter
The term “radiation” means ionizing radiation in the form of— (A) alpha particles; (B) beta particles; (C) neutrons; (D) gamma rays; or (E) accelerated ions or subatomic particles from accelerator machines.;
“specified cancer” applies throughout its subchapter
The term “specified cancer” means any of the following: (A) A specified disease, as that term is defined in section 4(b)(2) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note). (B) Bone cancer. (C) Renal cancers. (D) Leukemia (other than chronic lymphocytic leukemia), if initial occupational exposure occurred before 21 years of age and onset occurred more than two years after initial occupational exposure.
“chronic silicosis” applies throughout its subchapter
the term “chronic silicosis” means a nonmalignant lung disease if— (1) the initial occupational exposure to silica dust preceded the onset of silicosis by at least 10 years; and (2) a written diagnosis of silicosis is made by a medical doctor and is accompanied by— (A) a chest radiograph, interpreted by an individual certified by the National Institute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/0 or higher; (B) results from a computer assisted tomograph or other imaging technique that are consistent with silicosis; or (C) lung biopsy findings consistent with silicosis.
“covered employee with chronic silicosis” applies throughout its subchapter
the term “covered employee with chronic silicosis” means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c). (e) Chronic silicosis For purposes of this subchapter,
“site profile” applies in that section
the term “site profile” means an exposure assessment of a facility that identifies the toxic substances or processes that were commonly used in each building or process of the facility, and the time frame during which the potential for exposure to toxic substances existed. (d) Time frames The Secretary of Health and Human Services shall establish time frames for completing site profiles for those Department of Energy facilities for which a site profile has not been completed. Not later than March 1, 2005 , the Secretary of Health and Human Services shall submit to Congress a report setting forth those time frames.
“covered DOE contractor employee” applies throughout its part
The term “covered DOE contractor employee” means any Department of Energy contractor employee determined under section 7385s–4 of this title to have contracted a covered illness through exposure at a Department of Energy facility.;
“covered illness” applies throughout its part
The term “covered illness” means an illness or death resulting from exposure to a toxic substance.;
“Secretary” applies throughout its part
The term “Secretary” means the Secretary of Labor.
“child” applies in that section
The term “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child.
“covered child” applies in that section
The term “covered child” means a child of the employee who, as of the employee’s death— (A) had not attained the age of 18 years; (B) had not attained the age of 23 years and was a full-time student who had been continuously enrolled as a full-time student in one or more educational institutions since attaining the age of 18 years; or (C) had been incapable of self-support.;
“covered spouse” applies in that section
The term “covered spouse” means a spouse of the employee who was married to the employee for at least one year immediately before the employee’s death.;
“section 5 exposure” applies in that section
The terms “section 5 exposure”, “section 5 facility”, and “section 5 illness” mean the exposure, facility, and illness, respectively, to which an individual’s status as a section 5 payment recipient relates.;
“section 5 facility” applies in that section
The terms “section 5 exposure”, “section 5 facility”, and “section 5 illness” mean the exposure, facility, and illness, respectively, to which an individual’s status as a section 5 payment recipient relates.;
“section 5 illness” applies in that section
The terms “section 5 exposure”, “section 5 facility”, and “section 5 illness” mean the exposure, facility, and illness, respectively, to which an individual’s status as a section 5 payment recipient relates.;
“section 5 mine or mill” applies in that section
The term “section 5 mine or mill” means the mine or mill to which an individual’s status as a section 5 uranium worker relates.
“Board” applies in that section
The term “Board” means the Direct Air Capture Technology Advisory Board established by clause (iii)(I). (II) Dilute
“deep saline formation” applies in that section
the term “deep saline formation” means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid. (II) Clarification In this subparagraph, the term “deep saline formation” does not include oil and gas reservoirs.
“dilute” applies in that section
The term “dilute” means a concentration of less than 1 percent by volume. (III) Direct air capture (aa) In general The term “direct air capture”, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air. (bb) Exclusion The term “direct air capture” does not include any facility, technology, or system that captures carbon dioxide— (AA) that is deliberately released from a naturally occurring subsurface spring; or (BB) using natural photosynthesis. (IV) Intellectual property
“intellectual property” applies in that section
The term “intellectual property” means— (aa) an invention that is patentable under title 35; and (bb) any patent on an invention described in item (aa). (ii) Technology prizes (I) In general Not later than 1 year after December 27, 2020 , the Administrator, in consultation with the Secretary of Energy, is authorized to establish a program to provide financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.
“indirect source” applies in that section
the term “indirect source” means a facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of pollution. Such term includes parking lots, parking garages, and other facilities subject to any measure for management of parking supply (within the meaning of subsection (c)(2)(D)(ii)), including regulation of existing off-street parking but such term does not include new or existing on-street parking. Direct emissions sources or facilities at, within, or associated with, any indirect source shall not be deemed indirect sources for the purpose of this paragraph. (D) For purposes of this paragraph
“indirect source review program” applies in that section
the term “indirect source review program” means the facility-by-facility review of indirect sources of air pollution, including such measures as are necessary to assure, or assist in assuring, that a new or modified indirect source will not attract mobile sources of air pollution, the emissions from which would cause or contribute to air pollution concentrations— (i) exceeding any national primary ambient air quality standard for a mobile source-related air pollutant after the primary standard attainment date, or (ii) preventing maintenance of any such standard after such date.
“management of parking supply” applies in that section
The term “management of parking supply” shall include any requirement providing that any new facility containing a given number of parking spaces shall receive a permit or other prior approval, issuance of which is to be conditioned on air quality considerations.;
“parking surcharge regulation” applies in that section
The term “parking surcharge regulation” means a regulation imposing or requiring the imposition of any tax, surcharge, fee, or other charge on parking spaces, or any other area used for the temporary storage of motor vehicles.;
“preferential bus/carpool lane” applies in that section
The term “preferential bus/carpool lane” shall include any requirement for the setting aside of one or more lanes of a street or highway on a permanent or temporary basis for the exclusive use of buses or carpools, or both. (E) No standard, plan, or requirement, relating to management of parking supply or preferential bus/carpool lanes shall be promulgated after June 22, 1974 , by the Administrator pursuant to this section, unless such promulgation has been subjected to at least one public hearing which has been held in the area affected and for which reasonable notice has been given in such area.
“existing source” applies in that section
The term “existing source” means any stationary source other than a new source.;
“modification” applies in that section
The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted.;
“new source” applies in that section
The term “new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source.;
“owner or operator” applies in that section
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.;
“standard of performance” applies in that section
The term “standard of performance” means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.;
“stationary source” applies in that section
The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines.;
“technological system of continuous emission reduction” applies in that section
The term “technological system of continuous emission reduction” means— (A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or (B) a technological system for continuous reduction of the pollution generated by a source before such pollution is emitted into the ambient air, including precombustion cleaning or treatment of fuels. (8) A conversion to coal (A) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 [ 15 U.S.C. 792(a) ] or any amendment thereto, or any subsequent enactment which supersedes such Act [ 15 U.S.C.
“accidental release” applies in that section
The term “accidental release” means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.;
“adverse environmental effect” applies in that section
The term “adverse environmental effect” means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas. (8) Electric utility steam generating unit
“area source” applies in that section
The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II. (3) Stationary source The term “stationary source” shall have the same meaning as such term has under section 7411(a) of this title . (4) New source
“covered person” applies in that section
The term “covered person” means— (aa) an officer or employee of the United States; (bb) an officer or employee of an agent or contractor of the Federal Government; (cc) an officer or employee of a State or local government; (dd) an officer or employee of an agent or contractor of a State or local government; (ee) an individual affiliated with an entity that has been given, by a State or local government, responsibility for preventing, planning for, or responding to accidental releases; (ff) an officer or employee or an agent or contractor of an entity described in item (ee); and (gg) a qualified researcher under clause (vii). (II) Official use .—
“electric utility steam generating unit” applies in that section
The term “electric utility steam generating unit” means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale shall be considered an electric utility steam generating unit. (9) Owner or operator
“existing source” applies in that section
The term “existing source” means any stationary source other than a new source. (11) Carcinogenic effect Unless revised, the term “carcinogenic effect” shall have the meaning provided by the Administrator under Guidelines for Carcinogenic Risk Assessment as of the date of enactment. 1 Any revisions in the existing Guidelines shall be subject to notice and opportunity for comment.
“hazardous air pollutant” applies in that section
The term “hazardous air pollutant” means any air pollutant listed pursuant to subsection (b). (7) Adverse environmental effect
“major source” applies in that section
The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors.
“modification” applies in that section
The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more than a de minimis amount or which results in the emission of any hazardous air pollutant not previously emitted by more than a de minimis amount. (6) Hazardous air pollutant
“new source” applies in that section
The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source. (5) Modification
“off-site consequence analysis information” applies in that section
The term “off-site consequence analysis information” means those portions of a risk management plan, excluding the executive summary of the plan, consisting of an evaluation of 1 or more worst-case release scenarios or alternative release scenarios, and any electronic data base created by the Administrator from those portions. (IV) Risk management plan .—
“official use” applies in that section
The term “official use” means an action of a Federal, State, or local government agency or an entity referred to in subclause (I)(ee) intended to carry out a function relevant to preventing, planning for, or responding to accidental releases. (III) Off-site consequence analysis information .—
“owner or operator” applies in that section
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source. (10) Existing source
“reconstruction” applies in that section
the term “reconstruction” includes the replacement of existing coke oven battery capacity with new coke oven batteries of comparable or lower capacity and lower potential emissions. (j) Equivalent emission limitation by permit (1) Effective date The requirements of this subsection shall apply in each State beginning on the effective date of a permit program established pursuant to subchapter V in such State, but not prior to the date 42 months after November 15, 1990 .
“regulated substance” applies in that section
The term “regulated substance” means a substance listed under paragraph (3).;